Mumbai – In an order from October 15, 2022, a Mumbai Sessions Court granted regular bail to Sameer Babu Ahmad Shaikh, who was accused of attempting to murder his wife following a domestic dispute. The court cited the completion of the police investigation and the filing of the charge-sheet as key factors in its decision, while imposing stringent conditions to ensure the safety of the complainant and the integrity of the trial.

Sameer Babu Ahmad Shaikh, aged 30, was arrested in connection with C.R. No. 284 of 2022 registered with Dongri Police Station, facing charges under Section 307 of the Indian Penal Code (Attempt to Murder).

According to the prosecution’s narrative, the complainant, Sau. Shaien Sameer Shaikh – the accused’s wife and the injured party – provided a statement to police while admitted to J.J. Hospital on May 15, 2022. She alleged that she married Sameer in 2018, but due to his consumption of liquor and drugs, she had moved back to her parents’ house with their son. On May 14, 2022, around 10:00 p.m., Sameer, allegedly under the influence of alcohol, came to her parents’ house and insisted she return with him. When she refused, stating she would only do so if he stopped his addictions, he reportedly threatened to kill her. Following her continued refusal, he allegedly assaulted her with a wooden pestle in an attempt to murder her, before taking their son with him. She sustained bleeding injuries as a result of the assault.

Representing the applicant, Advocate Mr. R.V. Gupta argued that Sameer Shaikh was a law-abiding citizen with deep roots in society, falsely implicated in a frivolous case. He contended that the alleged incident occurred during a heated exchange between husband and wife, and that the ingredients for an “attempt to murder” charge under Section 307 IPC were not present. Mr. Gupta also highlighted that the accused had no prior criminal antecedents and was the sole earning member of his family. He emphasized that Sameer had been in custody since May 15, 2022, and his continued detention would amount to pre-trial punishment, assuring the court of his cooperation with the police and adherence to any bail conditions.

The prosecution, represented by Additional Public Prosecutor Mrs. Rajlaxmi Bhandari, opposed the bail application. They informed the court that the investigation was complete, and the charge-sheet had already been filed. The victim’s statement under Section 164 of the Code of Criminal Procedure had also been recorded. The prosecution asserted that the accused had tried to kill the victim in a fit of anger and expressed apprehension that if released on bail, he might pressurize prosecution witnesses and the complainant. They also mentioned that the FSL report was still awaited.

Presiding over the matter, Additional Sessions Judge Mrs. Madhuri M. Deshpande noted that a previous bail application by Sameer Shaikh had been rejected on July 18, 2022, primarily because the investigation was still in progress and the charge-sheet had not yet been filed. However, in her October 15, 2022, order, the judge underscored that the investigation was now complete, and the charge-sheet had been filed. The court also considered that Sameer Shaikh had been in custody for several months since his arrest.

While acknowledging the complainant’s medical report which indicated one simple and two grievous injuries, the court observed that the prosecution did not seek further detention for investigation. The primary apprehension raised by the prosecution—that the accused might pressurize witnesses and the complainant—could be adequately addressed by imposing stringent conditions, the judge stated. Additionally, the court took into account that the trial would not commence immediately.

Considering these factors, Judge Deshpande concluded that it would be “just and proper” to allow the bail application, subject to specific conditions designed to safeguard the victim and the judicial process.

Sameer Babu Ahmad Shaikh was ordered to be released on a Personal Recognizance (P.R.) Bond of Rs. 30,000/- with one or two local solvent sureties of the like amount. The bail is contingent upon several strict conditions, including:

• He shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the case facts.
• He shall not tamper with the evidence.
• He must remain present before the Court on each and every date until the completion of the trial.
• He shall not leave India without the Court’s permission.
• He must furnish his permanent and temporary addresses, if any, and contact details to the concerned Court, and not change his residential address without prior intimation.
• Crucially, he is prohibited from entering the house of the complainant and the area where she resides or works.
• He shall not commit any similar type of offense in the future.
• He must file an undertaking stating he will not cause any injury to his wife.

The order explicitly states that if the applicant disobeys any of these conditions, the prosecution is at liberty to move the Court for the cancellation of his bail. The Criminal Bail Application No. 2060 of 2022 was accordingly disposed of.